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Cannabis sativa, the Latin name for marijuana, is an herb that has been used for thousands of years to treat many different symptoms. It’s also one of the 50 fundamental herbs used in traditional Chinese medicine (an alternative therapy). The active ingredient in medical marijuana, also known as medical cannabis, is tetrahydrocannabinol (THC). The herb cannabis/marijuana is labeled as a Schedule 1 Substance, indicating that (legally) it has no known medicinal properties or uses.

Marijuana is increasingly being prescribed and used for a variety of medical reasons, including pain relief. But its use is controversial, and in the United States—as in every other country in the world—it continues to be illegal under federal law. Despite this fact, over half the states in the U.S. have approved the prescribing of marijuana for medical purposes. Read the full article Here.

Medical Use

Marijuana, or cannabis, as it is more appropriately called, has been part of humanity’s medicine chest for almost as long as history has been recorded.

Of all the negative consequences of marijuana prohibition, none is as tragic as the denial of medicinal cannabis to the tens of thousands of patients who could benefit from its therapeutic use.

Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief — particularly of neuropathic pain (pain from nerve damage) — nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant, specifically for patients suffering from HIV, the AIDS wasting syndrome, or dementia. Emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors and are neuroprotective.

Currently, more than 60 U.S. and international health organizations support granting patients immediate legal access to medicinal marijuana under a physician’s supervision.

Penalty Details

Possession

Possession of 20 grams or less of cannabis is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.

Possession of more than 20 grams of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Any person who is knowingly in active or constructive possession of 25 pounds or less of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Any person who is knowingly in active or constructive possession of more than 25 pounds – 2,000 pounds of cannabis (or 300-2,000 plants) is a felony punishable by a mandatory minimum sentence of 3 years imprisonment and a maximum sentence of 15 years imprisonment and a maximum fine of $25,000.

Any person who is knowingly in active or constructive possession of 2,000 pounds – less than 10,000 pounds of cannabis (or 2,000-10,000 plants) is a felony punishable by a mandatory minimum sentence of 7 years and a maximum sentence of 30 years imprisonment as well as a maximum fine of $50,000.

Any person who is knowingly in active or constructive possession of 10,000 pounds of cannabis or more is a felony punishable by a mandatory minimum sentence of 15 years imprisonment and a maximum sentence of 30 years imprisonment as well as a maximum fine of $200,000.

Sale or delivery within 1,000 feet of a school, college, park, or other specified areas is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000.

See

Florida Criminal Code § 893.13(h)(3)

Florida Criminal Code § 893.03)(1)(c)(7)

Florida Criminal Code § 893.135

Florida Criminal Code § 775.082(a)

Sale/Delivery

The delivery of 20 grams or less without remuneration is a misdemeanor punishable by a maximum sentence of 1-year imprisonment and a maximum fine of $1,000.
The sale of 25 pounds or less of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.
The sale of more than 25 pounds- less than 2,000 pounds of cannabis (or 300-2,000 plants) is a felony punishable by a mandatory minimum sentence of 3 years imprisonment and a maximum sentence of 15 years imprisonment and a maximum fine of $25,000.

The sale of 2,000 pounds – less than 10,000 pounds of cannabis (or 2,000-10,000 plants) is a felony punishable by a mandatory minimum sentence of 7 years and a maximum sentence of 30 years imprisonment as well as a maximum fine of $50,000.

The sale of 10,000 pounds or more of cannabis is a felony punishable by a mandatory minimum sentence of 15 years imprisonment and a maximum sentence of 30 years imprisonment as well as a maximum fine of $200,000.

Sale or delivery of cannabis within 1,000 feet of a school, college, park, or other specified areas is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000.

See

Florida Criminal Code § 893.13

Florida Criminal Code § 893.03(c)(3)

Florida Criminal Code § 893.135

Florida Criminal Code § 775.082(a)

Florida Criminal Code § 775.083(1)

Hash & Concentrates

Hashish or concentrates are considered schedule I narcotics in Florida.

See

Florida Criminal Code § 893.03(1)(c)

Possession of hashish or concentrates is a felony in the third degree. A felony of the third degree is punishable by a term of imprisonment no greater than 5 years and a fine no greater than $5,000.

See

Florida Criminal Code § 893.13(6)(b)

Florida Criminal Code § 775.083(1)(c), (d)

Florida Criminal Code § 775.082(3)(d)

Florida Criminal Code § 775.082(4)(a)

Possessing more than 3 grams of hash, selling, manufacturing, delivering, or possessing with intent to sell, manufacture or deliver, hashish or concentrates is a felony of the third degree. A felony of the third degree is punishable by a term of imprisonment no greater than 5 years and a fine no greater than $5,000.

The offense is charged as a felony of the second degree if the offense occurred:

Within 1,000 feet of a child care facility between 6 A.M. and 12 midnight;

Within 1,000 feet of a park or community center;

Within 1,000 feet of a college, university or other postsecondary educational institute;

Within 1,000 feet of any church or place of worship that conducts religious activities;

Within 1,000 feet of any convenience business;

Within 1,000 feet of public housing;

Within 1,000 feet or an assisted living facility.

A felony of the second degree is punishable by a term of imprisonment no greater than 15 years and a fine no greater than $10,000.

See

Florida Criminal Code § 893.13(1)(a)(2)

Florida Criminal Code § 893.13

Florida Criminal Code § 775.083(1)(b), (c)

Florida Criminal Code § 775.082(3)(c), (d)

Rutherford v. State, 386 So.2d 881 (Fla. 1980).

Florida defines any product, equipment, or device used to make hashish or concentrates as drug paraphernalia.

See

Florida Criminal Code § 893.145

Paraphernalia

Possession of drug paraphernalia is a misdemeanor in the first degree, punishable by a maximum sentence of one 1-year imprisonment and a maximum fine of $1,000.

See

Florida Criminal Code § 775.083

Florida Criminal Code § 893.145

Florida Criminal Code § 893.145

Florida Criminal Code § 893.147

Miscellaneous

Conviction causes a driver’s license suspension for a period of 1 year.

The Florida Cannabis Act (#16-02, formerly #15-19) may appear on the ballot in Florida as an initiated constitutional amendment on November 6, 2018. The amendment was not put on the ballot in Florida as an initiated constitutional amendment during the election on November 6, 2018.

The amendment would legalize possession of up to one ounce of marijuana by residents at least 21 years old. Residents would also be allowed to cultivate up to six plants per household, but only three or fewer plants could be mature or flowering. The plants would need to be grown in “an enclosed, locked space,” and users would not be permitted to sell the plants they grow.

Under the amendment, marijuana would be treated like alcohol—it would be prohibited for residents under 21 years of age, consumers would need to show proof of age before purchasing marijuana from retail facilities and it would be illegal for anyone to drive while impaired or under the influence of marijuana. The amendment also outlines regulations for marijuana cultivation, retail marijuana sales, and manufacturing marijuana products.